General Terms & Conditions
For the purposes of these General Terms & Conditions, which will be applicable as of June1,2017, the followings hall be understood by:
3. CONCLUSION AGREEMENT
4. COOPERATION CLIENT
5. EXECUTION OF THE AGREEMENT
6. SECRECY AND DATA PROTECTION
7. INTELLECTUAL PROPERTY
11. TERM OF EXECUTION
14. CONTRACT TAKE OVER / INDEMNITY
Client and Cooper & Moore shall adhere to the relevant independence regulations of national and international legislators. In order to enable Cooper & Moore to adhere to the relevant independence regulations,
Client is obligated to inform Cooper & Moore in a timely, correct and complete manner of the legal structure and the control structures of (the group) Client (belongs to), all (financial) joint ventures concerning its enterprise or organization, all this in the broadest sense of the word.
16. ELECTRONIC COMMUNICATION
At the request of one or both of them, Client and Cooper & Moore will have the possibility to communicate with each other by means of electronic communication during the execution of the Agreement. Both Cooper & Moore and Client acknowledge that risks attach to the use of electronic communication, such as-but not limited to- distortion, delay, corruption and virus. Client and Cooper & Moore here by establish not to be liable towards each other for the loss that might arise with one or both of the min consequence of the use of electronic communication, including the acts and omissions of the service provider. Both Client and Cooper & Moore shall do and omit all that may be expected from them in reason to prevent the occurrence of aforementioned risks. In the event of doubt as to the content of emails received by Client or Cooper & Moore, the content of the mail sent by the sender shall prevail.
17. EXTINCTION OF RIGHT
Unless agreed otherwise in these General Terms & Conditions, claims and rights of actions Client has on/towards Cooper & Moore for whatever reason pursuant to the Agreement and/or the law, shall become prescribed and/or extinguished after the lapse of one year after the day on which Client acquainted itself with, or could have acquainted itself with the existence of this right.
18. WAIVER OF RIGHTS
Not immediately enforcing any provision or condition in the Agreement and/or these General Terms & Conditions by Cooper & Moore shall not affect or restrict the rights and powers of Cooper & Moore under the Agreement and/or these General Terms & Conditions. Waiver of any provision or condition in the Agreement and/or these General Terms & Conditions shall exclusively have effect if this was done in writing. Invalidity or nullity of any provisions in the
Agreement and/or these General Terms & Conditions shall not affect the validity of the other provisions of the Agreement and/or these General Terms & Conditions. In that case parties undertake to adjust and/or amend any void or voidable part as
Meant above in such a way that the part in question will be amended in a legally valid way and will be in line with parties’ intentions.
19. SCOPE AFTER EXPIRATION CONTRACT
The provisions of the Agreement and/or these General Terms & Conditions that explicitly or implicitly have the purport to continue to apply after the expiration of the contract, shall also bind parties after the expiration of the duration of the contract.
20. CONFLICTING CLAUSES
In the event conflicts come to light between a provision contained in these General Terms & Conditions and a provision in the Agreement, the provisions in the Agreement shall prevail. The General Terms & Conditions drawn up in English Language shall prevail over the General Terms & Conditions drawn up in other languages.
21. CHANGE OF STAFF MEMBERS
Neither party shall hire persons that are, or were, charged with the execution of the Agreement or start negotiations with them in order to conclude a possible employment contract during the duration of the Agreement, nor within six months after the termination there of. Parties may deviate from the provision by mutual consent.
22. APPLICABLE LAW / COMPETENT JUDGE